Surbhi Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54991 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- DELHA District- Gaya ====================================================== Surbhi Kumari D/o- Sri Arun Kumar Thakur Resident of Bhuthi Bishanpur P.S- Mehsaul District- Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vivek Kumar S/o- Late Balram Sharma Village- Barki Delha Pariya Road Ps- Delha Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate :
Mr. Amarjeet Sharma, Advocate :
Mr. Rupesh Ranjan, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. This Cr. Misc. petition has been filed to cancel the bail of the O.P. No. 2 which was granted by learned Additional District and Sessions Judge-II, Gaya vide order dated 30.05.2025 in A.B.P. No. 1579 of 2025, arising out of Delha P.S. Case No. 76 of 2025.
3. Learned counsel for the petitioner submits that the learned Court concerned while granting bail to the opposite party no.2 observed that 'the informant is previously married with one Santosh Kumar and still not divorced'. But, this statement is not correct. He further submits that this application
Patna High Court CR. MISC. No.54991 of 2025(2) dt.16-12-2025 2/2 may be disposed of with direction to the learned Court concerned to expunge the aforesaid observation.
4. Learned APP for the State has no objection to this prayer of the petitioner even otherwise law is well settled that any observation made in the bail petition will not affect the merit of the trial.
5. In the view of the submissions of the learned counsel for the petitioner and learned APP for the State, the observation of the learned Court concerned in para no.5 of the impugned order 30.05.2025 to the effect that "the informant is previously married with one Santosh Kumar and still not divorced" is expunged.
6. With the aforesaid observation, the instant application stands disposed of.
(Sunil Dutta Mishra, J) AjayMishra/- U T